Calling for the Investigation of Judge Jay Bybee and Others for Their Role in Allowing Torture as Part of "Enhanced Interrogation"

Resolution Number SAC09.88

Calling for the Investigation of Judge Jay Bybee and Others for Their Role in Allowing Torture as Part of “Enhanced Interrogation”

WHEREAS, former Assistant Attorney General and current Federal Judge of the Court of Appeals for the Ninth Circuit Jay Bybee, signed the “Bybee Memo” or “Torture Memo” of August 1, 2002, which advised the C.I.A. that “cruel, inhuman or degrading” treatment was at times allowable under U.S. law, and authored, co-authored and signed other memos on “extraordinary rendition“ and “enhanced interrogation,” more of which are being currently revealed to the American public as the new administration brings them to light; andWHEREAS, the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment, ratified by the U.S. Senate in 1994 and as such considered the supreme law of the land under Article VI of our Constitution, requires the prosecution of those who authorize torture, and it has been established that waterboarding is torture; and

WHEREAS, on January 15, 2009 before leaving office, President George W. Bush, in an effort to cover his culpability, and the culpability of others, had his Office of Legal Counsel in the Department of Justice issue a memo stating that certain opinions issued in 2001–2003 with respect to “the allocation of authorities between President and Congress in matters of war and national security do not reflect the current view of this Office;”

THEREFORE BE IT RESOLVED, that the California Democratic Party supports resolution of inquiry and vigorous investigation of these and related actions by the Congress of the United States, including the full use of Congressional subpoena power authority and all appropriate remedies, to disclose completely the possible criminal actions of Judge Jay Bybee and others to the American people and to take necessary and available action with appropriate remedies and punishment allowed by law; andBE IT FURTHER RESOLVED, that a copy of this resolution be sent to the Office of the Speaker of the United States House of Representatives, the Chair of the House Judiciary Committee, and the Majority Leader of the United States Senate, and that copies of the resolution be sent to each Democratic member of the California delegation to the United States Senate and House of Representatives.